Facts
The Waste Utilization Company (AVAG) planned the construction of a waste incineration plant (KVA) in Thun. The Cantonal Government of Bern then issued a cantonal zoning plan for the Thun KVA and simultaneously granted the building permit. Numerous organizations and private individuals filed an appeal against this decision with the Administrative Court, which, however, dismissed the appeals.
The appellants then turned to the Federal Supreme Court. They essentially requested that the contested decision be overturned and the construction ban be ordered.
Considerations
The Federal Supreme Court dismissed the appeal, insofar as it could enter into it.
It first examined whether the Cantonal Government was entitled to issue the zoning plan and concluded that this was permissible under cantonal legislation. The fact that there was no comprehensive control by a higher authority also did not constitute a deficiency, as the Administrative Court, as the first instance of appeal, conducted a full review.
Subsequently, the Federal Supreme Court examined the objections of the appellants against the zoning plan and the site…